SPECIAL MARRIAGE ACT

INTRODUCTION
In 1954, the Special Marriage Act was enacted. It is the judiciary’s responsibility to ensure that both the husband and wife’s rights are maintained. The Special Marriage Act of 1954 is an Act of the Indian Parliament that provides for civil marriage between Indian citizens and Indian nationals living abroad, regardless of religion or faith practised by either side.

Definition
This act allows any two people, regardless of their faith or caste, to marry. Inter caste marriage between any 2 people. Special marriage act include Hindus, Sikh, Muslim, Christian, Jains and Buddhist marriages which is apply to whole India except Jammu & Kashmir.and judicial departion
i) Solemnized of special marriage.
ii) Registration of marriage celebrated in other form.
iii) Consequences of marriage under this act.
iv) Restitution of conjugal rights and judicial deparation sections.
v) Nullity of marriage and divorce.
vi) Jurisdiction and procedure.

SECTIONS GIST OF THE SECTION
Sec4 Conditions relating to solemnization of special marriages Neither party should live with their spouse. Male age 21 and female is 18. Neither party is of sound mind or suffering from any disease.
Sec22 Restitution of conjugal rights Special Marriage Act that allows any husband or wife to remove their rights without giving any explanation by filing a petition in district court.
Sec23 Judicial separation Either the husband or the wife files a petition for judicial separation under section 23 of special marriage laws. This is not a divorce, but rather a court-ordered separation.
Sec24 Void marriage Any of the conditions mentioned in clauses (a), (b), (c), and (d) of section 4 has not been met, any marriage solemnised under this Act must be declared null and void on a petition brought by either party against the other party by a decree of nullity.
Sec25 Voidable marriage In a voidable marriage, both the husband and wife have the status, and nullity is required.
Sec27 Divorce Any marriage that has been solemnised, whether before or after the commencement act, may be petitioned for dissolution by either the husband or the wife.
Sec28 Divorce by mutual consent If both husband and wife do not live together, the law does not apply; however, you may divorce by mutual consent.
Sec29 Restriction on petitions for divorce during first one year after marriage Time period given otherwise court dismissed the petition.
Sec33 Proceedings to be in camera and may not be printed or published If any person prints or publishes any matter in contravention of the provisions contained in sub section (1) shall be punishable with fine which may extend to one thousand rupees.
Sec35 Relief for respondent in divorce and other proceedings If the petitioner’s adultery, cruelty, or desertion is proven, the court may grant the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking sue for divorce/judicial separation/restitution of conjugal rights. If the petitioner’s adultery, cruelty, or desertion is proven, the court may grant the respondent any relief under this Act to which he or she would have been entitled.
Sec36 Alimony pendent lite If the district court finds that the wife has no independent income sufficient to support her and pay the necessary expenses of the proceeding, it may, on the wife’s application, order the husband to pay her the expenses of the proceeding, as well as a weekly or monthly sum that is reasonable in light of the husband’s income.
Sec37 Permanent alimony and maintenance If the district court determines that either party’s circumstances have changed after it has issued an order under subsection (1), it may, at the request of either party, revise, modify, or rescind the order in any manner that appears to the court to be just.
Sec38 Custody of children Application with respect to maintenance and education of the minor child, pending the proceeding for obtaining such decree within 60 days from the date of service on the respondent.
Sec40A Power to transfer petitions in certain cases A party to the marriage has filed a petition under this Act with the district court with jurisdiction, requesting a judicial separation decree under section 23 or a divorce decree under section 27.

LANDMARK JUDGEMENT
• Mrs.Pragati Varghese and Etc. VS. Cyril George Varghese And Etc.( Bombay HC)
JUDGEMENT
On behalf of the plaintiffs, Mrs. Desai, Mrs. Agnes, and Mr. Bagaria argued that the grounds accessible to husbands and wives under Section 10 of the Act are discriminatory. While a husband can get a divorce by establishing that his wife has committed adultery, the woman does not have the same right. She must show that her spouse committed incestuous adultery, bigamy with adultery, or marriage with another woman, or adultery with cruelty, or adultery with abandonment. Such a life would be a subhuman existence devoid of dignity and personal liberty, and hence would be in violation of Article 21 of the Constitution.
CONCLUSION
The Special Marriage Act of 1954 was enacted by Parliament for Indian citizens and Indian nationals from other countries, regardless of rank or religion. The Special Marriage Act of 1954 is unique in that it allows any marriage solemnised in any other way under any other law, Indian or nonnative, between any two people to be enlisted.

The Indian Christian Marriages Act of 1872 makes marriage registration mandatory. The Parsi Marriage and Divorce Act of 1936 makes it possible to register a marriage without doing so, and the marriage does not become null and void.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.


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